Case Brief Mas v. Perry - Diversity

[CIVIL PROCEDURE – SUBJECT MATTER JURISDICTION – DIVERSITY AND DOMICILE FOR INDIVIDUALS] [Civil Procedure – Subject Matter Jurisdiction] The United States Court of Appeals for the Fifth Circuit issued its decision in the case of Mas v. Perry at 489 F.2d 1396. (1974) A party is considered to be "domiciled" in the state in which her real, fixed, and permanent residence is situated, according to a rule of law. A permanent home is defined as a house that includes both the intention to stay and the evaluation of a variety of fact-based elements. The burden of evidence is with the party that is attempting to assert jurisdiction over the case. WHEN DO CASES INVOLVING SUBJECT MATTER COME BEFORE THE FEDERAL COURT? (a)The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between (1) citizens of different States; (2) citizens of a State and citizens of another State; or (3) citizens of a State and citizens of the United States. I question of Federal Law [The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States]; (ii) diversity + 7 Facts Both Mr. and Mrs. Mas, the plaintiffs in this case, attended Louisiana State University as graduate students (LSU). Mrs. Mas was from Mississippi, while her husband, Mr. Mas, was a citizen of France. They were married in Mrs. Mas's house in Mississippi, and then they went back to LSU for another two years. After that, they relocated to Illinois for about four months, and then they came back to Louisiana. Perry, a citizen of Louisiana and the couple's landlord, spied on the Mas family when they were living in Louisiana by seeing them in their bedroom via a two-way mirror. The Mas did not know or provide approval for Perry to do this. Perry opposed the court filing, claiming that Mrs. Mas was not different from him and that he was not varied from her. The case was brought against Perry in a federal court in Louisiana by the couple. Perry filed an appeal after the district court decided that Mrs. Mas had to be considered a resident of Mississippi. Issue BASICALLY: WHAT COUNTS FOR DIVERSITY [DOMICILE OR RESIDENCY]? Is a party that lives in one state at the moment but does not plan to make that state their permanent home considered domiciled in that state for the purposes of diverse jurisdiction? Holding. No. DOMICILE, which means residency with the intention to continue living there, is the CRITERIA. Reasoning WHAT EXACTLY IS THE DIFFERENCE BETWEEN DOMICILE AND RESIDENCE? A party or a person has a residence in a certain state (an illustration of this would be attending college in that state). Domicile is when a person dwells in a state AND has the INTENT to stay in that state. This is known as "factual element plus intent." For the purposes of diversity jurisdiction, the state in which a party's permanent abode is situated is the state in which that party is considered to have their "domicile." This is the case even if the person is temporarily residing in another state. At the time that the lawsuit is first filed, the parties on one side of the dispute need to be residing in a state that is distinct from the state in which the persons on the other side call their home. The onus of proving the existence of diversity rests squarely on the shoulders of the party claiming to represent diverse populations. DOMICILE OR RESIDENCE—THAT IS THE QUESTION WE ASK The location of the parties' domiciles is one of the factors that the court must consider in order to decide whether or not it has diverse jurisdiction over the case. Domicile refers to the place that a person or group calls their real, fixed, and permanent home. In order to alter her domicile, a person must first move her primary home to a new place and then demonstrate that she intends to remain in the new area permanently. In this situation, reason dictates that Mrs. Mas must call the state of Mississippi home. There are several exceptions to this norm, despite the fact that, according to common law, a woman is often regarded to be domiciled in the same state as her husband. Considerations that go into deciding whether or not to remain include the following: possession of land or buildings; bank account; paying taxes in a timely manner; employment contract; professional licenses; driving licenses; and other similar documents. engagement in community activities, including but not limited to registering to vote. Since Mr. Mas is a foreign national of France, Mrs. Mas would not be considered a resident of any state even if she shared the same place as her husband and they both had French citizenship. Since Mrs. Mas is a student and is only staying in Louisiana on a temporary basis, it does not make any sense to choose the state of Louisiana as her domicile. Mrs. Mas does not have any plans to return to Mississippi, but since she has not established a new abode, she is still considered to be a citizen of Mississippi at this time. The ruling that was made by the lower court is upheld.